Borough of Irwin, PA Small Recreational Fires

Purpose. The Borough of Irwin desires to permit residents to have small recreational fires on their property in a safe manner for the cooking of food, warmth, and ceremonial purposes.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

FIRE

Combustion or burning of materials causing light, flame, and heat.

MATERIALS

Dry and clean wood, small branches, twigs, kindling, charcoal, propane, natural gas, and any other clean-burning fuel.

SMALL RECREATIONAL FIRE

A fire contained within a grill, outdoor barbeque, fireplace or similar device for the purpose of cooking food with natural gas, propane or any other clean burning fuel, wood or charcoal; or any other fire created for warming or ceremonial purposes within an enclosure that is constructed from masonry, brick, stone, metal or other noncombustible material, or other similar device that encloses and contains fire, such as a chiminea, fireplace or commercially manufactured fire pit designed specifically for the purpose of containing a fire.

Small recreational burning.

(1)

No persons shall burn any materials of any kind on private property except as authorized by this chapter or otherwise permitted by the Irwin Code, state law or federal law.

(2)

Small recreational fires are permitted by residents on residential lots. The materials burned by the fire can only be of the type defined in this section. It is a violation of this section to burn (either as a small recreational fire or otherwise) any rubbish, garbage, cardboard, leaves, yard waste, household waste, municipal waste, construction debris, toxic or noxious materials, cloth, plastic, treated, painted, varnished or otherwise coated materials, or other materials that tend to cause excessive or malodorous emissions or excessive smoke. Small quantities of paper and cardboard may be burned as kindling.

(3)

Small recreational fires may be conducted only within fire enclosures no larger than four feet in diameter.

(4)

The size of the pile of combustible material must be less than three feet in diameter and one foot in height.

(5)

Flammable liquids, such as gasoline or oil, shall not be used as a starter fluid. Commercially available combustible starter fluids are permitted and must be used in a safe manner per manufacturer's instructions.

(6)

Small recreational fires are not permitted within 15 feet of any house, fence, structure, roadway, utility, tree or other combustible material, or any property line. However, small recreational fires that are fueled by propane, natural gas or charcoal briquettes and are housed within a commercially produced enclosure, which has been listed by the UL as meeting UL's requirements, constructed of noncombustible material or which were constructed by a professional as part of a patio may be located no closer than within 10 feet of any house, fence, structure, roadway, utility, tree or other combustible material, or any property line. Where you place your small recreational fire is your responsibility. The Borough of Irwin accepts no liability or responsibility for where you have placed your small recreational fire.

(7)

Small recreational fires shall be banned when the geographic area of Borough of Irwin is under any burn ban, as designated by any county, state or federal agencies. The use of propane or gas grills or stoves or charcoal briquette grills for the purpose of cooking food shall not be subject to this burn ban restriction.

(8)

All devices containing a small recreational fire shall be cleaned and maintained on a regular basis to prevent the buildup of residual combustible material, such as charcoal, food grease, drippings or scraps, or other debris.

(9)

At least one person 18 years of age must:

(a)

Attend (being outside, on the property, and in line of sight of the fire) the small recreational fire at all times until the fire is extinguished;

(b)

Ensure the fire is under control and possesses no risk of spreading outside the enclosure; and

(c)

Have a garden hose connected to a water source or other fire extinguishing device readily available for use to extinguish the small recreational fire on an immediate basis.

(10)

Small recreational fires must be fully extinguished prior to being left unattended by a person 18 years of age.

(11)

Small recreational fires shall not create a nuisance. A nuisance fire shall be a violation of this chapter. A nuisance is deemed to exist if the small recreational fire:

(a)

Generates flying embers that pose a hazard to, or actually damage, a dwelling, structure, tree or other vegetation, combustible material, roadway or utility;

(b)

Generates smoke or odors that unreasonably interfere with the use or enjoyment of neighboring properties;

(c)

Contains prohibited materials;

(d)

Is in a prohibited location; or

(e)

Is not in compliance with this chapter, or any other chapter, of the Code or any state or federal law, rule or regulation.

(12)

A police officer or firefighter may order the extinguishment, abatement or diminishment of a small recreational fired deemed to be a nuisance. If the person responsible for the fire fails to do so, the Borough or Volunteer Fire Department may do so at the cost of the person having the fire, plus an administrative fee of 10%.

(13)

No small recreational fires are permitted on Ozone Action Days.

(14)

This chapter only permits small recreational fires on residential properties. This chapter does not authorize or permit commercial burning. Commercial burning may only commence upon providing the Borough with a copy of a Department of Environmental Protection permit authorizing the same and proof of notice being provided to the Borough of Irwin Volunteer Fire Department.